Domestic Battery: But she does not want to press charges!

Published: 29 April 2020

With years of experience defending clients against domestic violence charges, our criminal defense attorneys have experienced a familiar situation over and over: In the midst of a heated argument, someone calls the cops. The reporting party has a change of heart—or ends up being accused of a crime as well. Everyone in the household wants to the matter to be dropped, but police continue the investigation and prosecutors file criminal charges.

Our clients are often confused. How can a case move forward when the victim does not want to press charges?

The decision belongs to the prosecutor. If the prosecutor thinks a crime was committed and can be proven, a criminal case can be filed—even against the victim’s wishes. Aggressive prosecutors can even ask for the victim to be arrested and forced to testify if the victim refuses to appear and testify voluntarily.

A prosecutor’s decision to file a criminal case is just the beginning. It is not the end. An aggressive defense can change the course of a case. An experienced criminal defense attorney is important.

If you are facing domestic violence charges, you should contact an attorney as soon as possible. For help with your situation, contact the criminal defense attorneys at Joseph, Hollander & Craft.

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